[HISTORY: Adopted by the Board of Trustees of the Village
of Sleepy Hollow 8-13-1979 by L.L. No. 4-1979 (Ch. 36 of the 1965
Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A unit level used in acoustics to express the ratio of two
sound pressures. The number of decibels corresponding to the ratio
of two sound pressures is 20 times the logarithm to the base 10 of
this ratio.
The range of frequencies between two specified frequencies.
The hours between 11:00 p.m. and 7:00 a.m., prevailing time.
A noise such as that from a hammer blow, punch press, gunshot,
etc.
A noise such as that from a power planer or power saw, a
transformer hum, etc.
A frequency band one octave wide.
An instrument for measuring the sound pressure level in each
of the octave bands which comprise the spectrum of the sound. The
octave band analyzer shall conform to United States of America Standard
USASI Z24.10 1953 or the latest revision thereof.
In decibels of a sound, is 20 times the logarithm to the
base 10 of the measured sound pressure to a reference pressure of
0.0002 microbar [SPL = 20 log10 (sound pressure/reference pressure)].
Any excessive or unusually loud sound or any sound which
either annoys, disturbs, injures or endangers the comfort, repose,
health, peace or safety of a reasonable person of normal sensitivities
or which causes injury to animal life or damage to property or business.
Standards to be considered in determining whether unreasonable noise
exists in a given situation include, but are not limited to, the following:
The volume of the noise.
The intensity of the noise.
Whether the nature of the noise is usual or unusual.
Whether the origin of the noise is usual or unusual.
The volume and intensity of the background noise, if any.
The proximity of the noise to residential sleeping facilities.
The nature and the zoning district of the areas within which
the noise emanates.
The time of the day or night the noise occurs.
The time duration of the noise.
Whether the sound source is temporary.
Whether the noise is continuous or impulsive.
The Village of Sleepy Hollow in the County of Westchester
and State of New York.
It is hereby declared to be the policy of the Village to prevent
any unnecessary loud, disturbing and unnecessary noise. Noise of such
character, intensity and duration as to be detrimental to the life
or health of any individual or contrary to the public welfare, as
herein set forth, is prohibited.
A.
Determination of noise levels.
(1)
No person shall operate or cause to be operated any mechanism or
device which shall create a noise within the Village exceeding the
limiting noise levels set forth in the following table:
|
Octave Band Center
Frequency in Hertz (CPS)
|
Sound Pressure
Level in Decibels
Above 0.0002 Microbar
| |
|---|---|---|
|
63
|
70
| |
|
125
|
63
| |
|
250
|
56
| |
|
500
|
49
| |
|
1,000
|
45
| |
|
2,000
|
40
| |
|
4,000
|
38
| |
|
8,000
|
35
|
(2)
The above values refer to smooth and continuous noise; however, in
the event that the noise is not smooth and continuous and is not radiated
at nighttime, one or more of the following corrections shall be added
to or subtracted from each of the decibel levels given above:
|
Type of Operation or Character of Noise
|
Correction
(dBs)
| |
|---|---|---|
|
Daytime operation only
|
+5
| |
|
Noise source operates less than 20% of any 1 hour
|
+5*
| |
|
Noise source operates less than 5% of any 1 hour
|
+10*
| |
|
Noise source operates less than 1% of any 1 hour
|
+15*
| |
|
Noise of impulsive character
|
-5
| |
|
Noise of periodic character
|
-5
|
|
NOTE:
| ||
|---|---|---|
|
*
|
Apply one of these corrections only.
| |
B.
Noise measurements required under the terms of this chapter shall
be made by the use of an octave band analyzer as defined herein.
C.
Noise measurements and limits shall conform to the following practices:
(1)
Noise shall be measured at least four feet above ground level but
not more than at an altitude exceeding 40 feet above ground level.
(2)
Facility noise originating on residential property shall be measured
at the property on which the noise source is located.
(3)
Facility noise originating on business or commercial property shall
be measured at the property line of the nearest residential property.
The following acts, among others, are declared to be loud, disturbing,
unnecessary and unreasonable noises in violation of this chapter,
but any enumeration herein shall not be deemed to be exclusive:
A.
Horns, signaling devices, etc. The sounding of any horn or signaling
device on any automobile, motorcycle or other vehicle (other than
an emergency vehicle) on any street or public place, except as a danger
or burglary warning; the creation by means of any such signaling device
of any unreasonably loud or harsh sound; and the sounding of any such
device for an unnecessary and unreasonable period of time; the use
of any signaling device except one operated by hand or electricity;
the use of any horn, whistle or of any such signaling device when
traffic is for any reason held up.
B.
Radios, televisions, electronic sound reproduction devices, etc.
The using, operating or permitting to be played, used or operated
of any radio, musical instrument or instruments, phonograph or other
machine or device for the producing or reproducing of sound, in such
a manner as to disturb the peace, quiet and comfort of neighboring
inhabitants or at any time with louder volume than is necessary for
convenient hearing of the person or persons who are voluntary listeners
thereto. "Neighboring inhabitants" shall also be interpreted to mean
those persons in close proximity to the operator of an above-listed
device. The operation of any such set, instrument, phonograph, machine,
or device between the hours of 11:00 p.m. and 7:30 a.m. in such a
manner as to be plainly audible on adjacent properties shall be prima
facie evidence of a violation of this subsection. The playing of such
devices is strictly prohibited at all times in all municipal parks
or playgrounds unless specifically permitted on such terms as may
be determined by the Village Board of Trustees or its designee.
[Amended 7-18-1989 by L.L. No. 13-1989; 12-9-2008 by L.L. No.
3-2008]
C.
Loudspeakers and amplifiers for advertising. The using, operating
or permitting to be played, used or operated of any radio receiving
set, musical instrument, phonograph, loudspeaker, sound amplifier
or other machine or device for the producing or reproducing of sound
which is cast upon the public streets for the purpose of commercial
advertising or attracting the attention of the public to any building
or structure.
D.
Yelling, shouting, etc.
(1)
Yelling, shouting, hooting, whistling or singing on the public streets
or any public place, particularly between the hours of 9:00 p.m. and
8:00 a.m., or at any time or place so as to annoy or disturb the quiet,
comfort or repose of persons in the vicinity.
[Amended 7-18-1989 by L.L. No. 13-1989]
(2)
The shouting and crying of peddlers, hawkers and vendors.
E.
Animals. The keeping or harboring of any animal which by causing
frequent or long-continued noise shall disturb the comfort or repose
of any persons in the vicinity.
[Amended 1-22-2013 by L.L. No. 1-2013]
F.
The discharge into the open air of the exhaust of any steam engine,
stationary internal-combustion engine, air compressor or motor vehicle
engine except through a muffler or other device which will effectively
prevent loud or explosive noises therefrom.
G.
Deliveries and pickups. The making of deliveries of supplies or merchandise
or collection of garbage or refuse of any store or other place of
business between the hours of 9:00 p.m. and 6:00 a.m., except in cases
of emergencies.
[Amended 7-18-1989 by L.L. No. 13-1989]
H.
Blowers. The operation of any noise-creating blower or power fan
or any internal-combustion engine, the operation of which causes noise
due to the detonation of operating gases or fluids or the expulsion
of air unless the noise from such blower or fan is muffled and such
engine is equipped with a muffler, baffling device or effective noise-absorbent
material sufficient to deaden such noise.
I.
Loudspeakers
and amplifiers in all Village parks at any time.
[Added 1-22-2013 by L.L.
No. 1-2013]
[Amended 7-18-1989 by L.L. No. 13-1989; 6-6-1995 by L.L. No.
6-1995; 11-14-2000 by L.L. No. 4-2000]
The following shall be permitted noises:
A.
Sound created by persons engaged in construction work between the
hours of 8:00 a.m. and 7:00 p.m. weekdays, and on Saturdays and holidays,
between the hours of 9:00 a.m. and 6:00 p.m. Sounds created by persons
engaged in construction work between the hours of 7:00 p.m. and 8:00
a.m. weekdays and between the hours of 6:00 p.m. and 9:00 a.m. on
Saturdays and holidays may be permitted by the Department of Architecture,
Land Use Development, Buildings and Building Compliance in the case
of work to repair, maintain, demolish, or replace property owned or
to be owned by the Village or another public corporation. Sounds created
by persons engaged in construction work on Sundays may be permitted
by the Police Department and Department of Architecture, Land Use
Development, Buildings and Building Compliance if the work is of an
emergency nature. In the case of any permission given by the Police
Department or the Department of Architecture, Land Use Development,
Buildings and Building Compliance, a permitting department may impose
such conditions regarding noise, lighting, traffic control, hours
of work, staging, and any other aspect of the work as may be reasonable
and appropriate to mitigate any annoyance, disturbance, injury, or
danger to the comfort, repose, health, peace, or safety of a reasonable
person of normal sensibilities that may be threatened or caused by
the work.
[Amended 1-22-2013 by L.L. No. 1-2013; 5-23-2017 by L.L. No. 4-2017]
B.
Sound created by any government agency by the use of public warning
devices.
C.
Sound created by lawn mowers, rakers, or leaf vacuums in use between
the hours of 8:00 a.m. prevailing time and 9:00 p.m. weekdays, 9:00
a.m. prevailing time and 8:00 p.m. on Saturdays and holidays, and
12:00 noon prevailing time and 6:00 p.m. on Sundays.
[Amended 7-27-2010 by L.L. No. 8-2010; 1-22-2013 by L.L. No. 1-2013]
D.
Sound created by public utilities in carrying out the operations
of their franchise.
E.
Sounds connected with sporting events of any public or private school.
F.
Sound created
by gas-powered leaf blowers, from October 1 of each year through the
Friday commencing Memorial Day weekend of the following year between
the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday; 9:00
a.m. and 3:00 p.m., Saturdays and holidays; and 12:00 noon and 2:00
p.m., Sundays, prevailing time, effective October 1, 2010.
[Added 7-27-2010 by L.L.
No. 8-2010; 1-22-2013 by L.L. No. 1-2013]
[Amended 7-18-1989 by L.L. No. 13-1989; 11-15-1994 by L.L. No.
16-1994; 1-22-2013 by L.L. No. 1-2013]
Any person who shall violate any of the provisions of this chapter
shall, upon conviction, be subject to a fine not to exceed $250, 15
days' imprisonment, or both. Each day that a violation shall continue
shall constitute a separate offense.[1]
[1]
Editor's Note: Original § 36-7.1, Impoundment of
device, of the 1965 Code, added 11-15-1994 by L.L. No. 14-1994, which
immediately followed this section, was repealed 1-22-2013 by L.L.
No. 1-2013.
